WINDHOEK – Judge Dave Smuts on Friday issued a final order in the High Court that striking workers at Namdeb responsible for essential services must return to work with immediate effect.
The diamond mine brought an urgent application in the High Court after the workers rejected the mine’s latest offer. According to a draft agreement seen by New Era, the mine offered a 9.5% increase across the board with an annual increase of CPI + 1% for the next two years.
The Mineworkers Union of Namibia (MUN) did not oppose the application and in fact welcomed it.
According to Jeff Tjitemisa, the legal representative of MUN, they fully agree that essential services must be carried out at the mine. These include pumping support, sewage maintenance, emergency response, seawall maintenance and pumping services.
It appears that the MUN after initially agreeing to the mine’s offer reneged at a later stage and demanded CPI + 3%. The mine offered 80/20% medical aid with the understanding that the current system does not function well and a proposal that the mine will in the next 12 months evaluate the system to improve it.
The MUN requested that the 80/20% divide in medical aid be made permanent.
It further had a problem with a proposal by the mine that the MUN does not entertain any industrial action during the lifespan of the agreement and safety and productivity improvements. MUN wants it removed totally as it was apparently not in the wage proposal tabled with the company.
They say that while the union recognises the importance of safety and productivity it is cause for separate agreements altogether.
The industrial action clause is totally against Chapter 7 of the Labour Act, the union claimed.
They further had a problem with the three-year agreement based on the CPI.
They said that they already suffered during 2001 when they signed a CPI agreement and ended up with a paltry 4% increase. They propose a rate of CPI + 3% or a flat rate of 9.5% across the board.
The MUN is of the opinion that should the mine now agree then a one-year agreement can be signed and talks for the next increase commence next year.
Lastly, the union warned that should the company go to court if the union does not accept its current offer, it will inform its members including those performing essential services and should they withdraw their services, the blame should not be placed on it (the union).
By Roland Routh